This week, the Court addresses the Wiretap Act and whether the Energy Policy and Conservation Act preempts Berkeley’s natural-gas-infrastructure ban. ...more
This week, the Court addresses the retroactive effect of a preemption decision by the Federal Motor Carrier Safety Administration, and the constitutionality of California’s prohibition on an incumbent appearing on the ballot...more
12/5/2022
/ Commercial Truck Drivers ,
Dismissals ,
Due Process ,
Employment Litigation ,
Equal Protection ,
Failure To State A Claim ,
FMCSA ,
Fourteenth Amendment ,
Governor Newsom ,
Motor Carrier Act ,
Political Candidates ,
Preemption ,
Rest and Meal Break ,
Retroactivity ,
State Constitutions ,
State Elections ,
Teamsters ,
Trucking Industry
This week, the Ninth Circuit addresses the statutory prohibition on private enforcement actions under the Food, Drug, and Cosmetic Act.
The Court holds that a drug manufacturer’s suit against a compounding pharmacy for...more
This week, the Ninth Circuit explores the constitutionality of a state statute aimed at protecting consumer information given to car dealers, and clarifies the preemptive scope of federal regulatory approval of food labels. ...more
10/29/2021
/ Affirmative Defenses ,
Car Dealerships ,
Computer Fraud and Abuse Act (CFAA) ,
Contracts Clause ,
Food Safety and Inspection Service (FSIS) ,
Poultry Products Inspection Act (PPIA). ,
Preemption ,
Primary Jurisdiction Doctrine ,
Product Labels ,
Takings Clause ,
The Copyright Act